NCJ Number
11071
Journal
Loyola Law Review Volume: 18 Issue: 1 Dated: (1971-1972) Pages: 133-149
Date Published
1972
Length
17 pages
Annotation
OVERVIEW OF THE FEDERAL APPROACH TO JUVENILE CRIMINAL CONDUCT BEGINNING WITH A SUMMARY OF STANDARDS FOR ALL JUVENILE COURTS FOLLOWED BY DISCUSSION OF STATUTES.
Abstract
THE AUTHOR ANALYZES THE GAULT DECISION WHICH EXTENDED DUE PROCESS RIGHTS TO JUVENILE PROCEEDINGS. THERE IS A DISCUSSION OF CASES WHICH PROVIDED A CONSTITUTIONAL SAFEGUARD OF PROOF BEYOND A REASONABLE DOUBT. THE PRACTICES OF JUVENILE PROCEEDINGS IN FEDERAL COURTS HAVE NOT BEEN SIGNIFICANTLY AFFECTED BY CHANGING COURT STANDARDS BECAUSE THE FEDERAL POLICY IS TO TURN OVER TO THE STATE AS MANY AS POSSIBLE OF THE YOUTHS WHO HAVE VIOLATED FEDERAL CRIMINAL LAW. THE AUTHOR DISCUSSES THE FEDERAL JUVENILE DELINQUENCY ACT WHICH DEFINES A JUVENILE AS A PERSON WHO HAS NOT REACHED THE AGE OF 18 AT THE TIME OF THE OFFENSE. THE PROPOSED IMMATURITY DEFENSE, WHICH SETS 16 AS THE CRITICAL AGE FOR DECIDING WHETHER A JUVENILE WILL BE PROSECUTED UNDER CRIMINAL OR JUVENILE PROCEEDINGS, IS ALSO DISCUSSED.